Bill H.2243
187th (2011 - 2012)

An Act requiring only a justice to remove a trial default of a defendant who fails to appear at trial

Bill Title: An Act requiring only a justice to remove a trial default of a defendant who fails to appear at trial

By Mr. Markey of Dartmouth, a petition (accompanied by bill, House, No. 2243) of Christopher M. Markey relative to restricting the issuance of bail for persons arrested as a result of a trial default warrant. The Judiciary.

To add after “or by a justice of the court that issued the warrant.” of paragraph three of section twenty nine of chapter two hundred and seventy six with the following language:

"A person who is arrested as a result of a trial default warrant, shall only be subject to bail by a justice in the issuing court or a justice in the district in which such warrant was executed, and prior to any release such person may be required to pay all or a portion of any cost imposed by the issuing justice, unless remitted by the presenting justice. Such type of trial default warrant shall be distinctly and separately identified as “Trial Default Warrant” on the docket sheet and in Criminal Offender Registration Index, and in the Massachusetts Warrant System (MWS). A “Trial Default Warrant” is a default warrant issued by a justice, on the day a person is scheduled to appear in court for a trial and such person fails to appear for trial, and the Commonwealth provides a list of witnesses who have appeared with a certification that the Commonwealth was ready for trial, and such failure to appear is without justifiable excuse. Such certification of the Commonwealth must be placed with the clerk on the day of the warrant is issued."

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.